Some 20 state attorneys general sued earlier this year, arguing that that the layoffs effectively were RIFs, and RIF procedures were not followed. Image: Natalia Bratslavsky/Shutterstock.com
By: FEDweek StaffA federal appeals court has ordered the dismissal of one of two major court challenges to the firing of probationary employees. The case had initially resulted in a judge blocking the firings of probationary employees in nearly two dozen agencies across several states and calling for the rehiring of thousands of fired workers.
Some 20 state attorneys general sued earlier this year, arguing that that the layoffs effectively were RIFs but that agencies did not follow required RIF procedures in carrying them out.
In a 2-1 opinion, the Court of Appeals for the Fourth Circuit held that the states lacked legal standing to bring such a complaint, saying that “Although it was the employees who suffered the brunt of the harm, they are nowhere to be found in this case.”
The suit also argued that the reduction in federal employment harmed the states by causing them to incur additional costs and work, but the majority opinion called that argument “too open-ended . . . If we recognized a cognizable injury here, there would be no end to the suits that states could bring to contest any federal action.”
The court earlier had lifted the lower court’s injunction, also on jurisdictional grounds, while it considered those issues.
Another court challenge to the firings of probationary employees — which also at first resulted in a court order against the firings that later was lifted—is now back before the trial court, where the Trump administration is asking that it also be dismissed.
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